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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The Defendant, at the Changwon District Court on September 14, 201, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Changwon District Court on September 14, 201, and the same court on April 8, 201, issued a summary order of KRW 5 million for the same crime, etc. and violated Article 44 (1) of the Road Traffic Act at least twice.
On August 3, 2013, the Defendant, without obtaining a driver’s license on August 17, 2013, driven a Bland from approximately five kilometers in the direction from the front of a mutual influoral tunnel located in Ulsan-dong, Ulsan-do to the front of the Hyundai Cluco parking lot located in the same Gu, under the influence of alcohol by 0.269% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (a copy of summary order);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
5. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
6. Probation and lecture attendance order under Article 62-2(1) of the Criminal Act, which contains the records of four times punishment due to driving without a license for drinking alcohol for the reason of sentencing under Article 62-2(1) of the Criminal Act, such as the fact that the defendant drives without a license for drinking alcohol, and that the amount of drinking alcohol in this case is very high,
However, there is no previous conviction exceeding a fine, considering favorable circumstances such as the fact that the driving of this case did not cause a traffic accident, and other conditions of sentencing, such as the character, conduct and environment of the defendant, etc.